Treaty of Kars (1921)

The Governments of the Socialist Soviet Republic of Armenia, the Azerbaijan Socialist Soviet Republic and the Socialist Soviet Republic of Georgia, on the one side, and the Government of the Grand National Assembly of Turkey, on the other, sharing the principles of the brotherhood of nations and the right of peoples to self-determination, and inspired by the desire to establish lasting cordial relations and continuous sincere friendship based on the mutual interests of both sides, have decided, with the participation of the Russian Socialist Federative Soviet Republic, to conclude a treaty of friendship and have appointed as their plenipotentiaries: the Government of the Socialist Soviet Republic of Armenia, Askanaz Mravian, People's Commissar for Foreign Affairs, and Pogos Makinzian, Commissar for Internal Affairs; the Government of the Azerbaijan Soviet Republic, Bebut Shakhtakhtinsky, People's Commissar for State Control; the Government of the Socialist Soviet Republic of Georgia, Shalva Eliava, People's Commissar for Military and Naval Affairs, and Alexander Svanidze, People's Commissar for Foreign Affairs and People's Commissar for Finance; the Government of the Grand National Assembly of Turkey, Kiazim Kara Bekir Pasha, deputy for Adrianople in the Grand National Assembly and commander of the Eastern Front, Veli Bey, deputy for Burdur in that Assembly, Mushtar Bey, former assistant to the Secretary of State for Public Works, and Memdu Shevret Bey, Turkey's Plenipotentiary Representative in Azerbaijan; the Government of the Russian Socialist Federative Soviet Republic, Yakov Ganetsky, Plenipotentiary Representative in Latvia. After exchanging their powers, found to be in proper and lawful form, they have agreed as follows:

The Government of the Grand National Assembly of Turkey and the Governments of the Socialist Soviet Republics of Armenia, Azerbaijan and Georgia consider annulled and without force the treaties concerning the aforementioned territories concluded between states which previously exercised their sovereign rights over territory now forming part of the contracting parties' territories, and likewise treaties concluded with third powers concerning the Transcaucasian Republics. It is established that this article does not apply to the Turkish–Russian treaty concluded at Moscow on 16 March 1921.

The contracting parties agree not to recognise any peace treaty or other international act which any one of them is compelled by force to accept. Accordingly, the Governments of the Socialist Soviet Republics of Armenia, Azerbaijan and Georgia agree not to recognise any international acts concerning Turkey which are not recognised by Turkey's national government, presently represented by its Grand National Assembly. (In this treaty, Turkey means the territories included in the Turkish National Pact of 28 January 1920 (1336), drawn up and proclaimed by the Ottoman Chamber of Deputies in Constantinople and communicated to the press and all powers.) For its part, the Government of the Grand National Assembly of Turkey agrees not to recognise any international acts not recognised by the respective governments of these countries, presently represented by the Soviets of Armenia, Azerbaijan and Georgia.

The Governments of the Socialist Soviet Republics of Armenia, Azerbaijan and Georgia, considering the capitulations regime incompatible with the free national aspirations of every country and with the full exercise of its sovereign rights, regard as without force and annulled all acts and rights having any connection with that regime.

Turkey's north-eastern boundary, according to the Russian General Staff map at a scale of 1:210,000—5 versts to the inch, is defined by the line beginning at Sarp village on the Black Sea, passing through Mount Khedis Mta and the watershed of Mount Shavshet–Mount Kanni Dagh, then following the former northern administrative boundaries of the sanjaks of Ardahan and Kars and the thalwegs of the Arpa Chai and Araxes rivers to the mouth of Lower Kara Su. A detailed description of the boundary and related questions is set out in Annexes 1 and 2 and in the attached map signed by both contracting parties. In the event of disagreement between the treaty text and the map, the text shall be decisive. Detailed determination and demarcation of the state boundary on the ground and the erection of boundary markers shall be undertaken by a mixed boundary commission with equal numbers of members from the contracting parties and with the participation of a representative of the RSFSR.

The Government of Turkey and the Governments of Soviet Armenia and Azerbaijan agree that the Nakhichevan region, within the boundaries defined in Annex 3 to this treaty, forms an autonomous territory under the protection of Azerbaijan.

Turkey agrees to cede to Georgia suzerainty over the town and port of Batum and the territory north of the boundary specified in Article 4 of this treaty and forming part of the Batum district, on condition that: 1) the population of the localities specified in this article shall enjoy extensive local administrative autonomy guaranteeing each community its cultural and religious rights, and shall be allowed to establish in those localities a land law corresponding to its wishes; 2) Turkey shall be granted free transit through Batum port for all goods sent to or from Turkey, free of customs duties, without any delays or charges of any kind, together with the right to use Batum port without special charges. To implement this article, a commission of representatives of the contracting parties shall be formed immediately after the signature of this treaty.

The Government of Soviet Socialist Georgia and the Government of the National Assembly of Turkey agree to facilitate crossing of the boundary by inhabitants of the frontier zone, subject to observance of the customs, police and health rules to be established on this matter by a mixed commission.

The Government of the Socialist Soviet Republic of Georgia and the Government of the Grand National Assembly of Turkey, considering the need for inhabitants of the frontier localities of both countries to use summer and winter pasture on the other side of the boundary, have agreed to grant those inhabitants the right to cross the boundary with their herds and use their customary pastures. Customs rules and police, health and other measures for crossing the boundary shall be established by a mixed commission.

To ensure that the Straits are open and freely passable for the trade of all peoples, Turkey and Georgia agree to refer the final formulation of the international statute of the Black Sea and Straits to a special conference of delegates from the coastal countries, on condition that its decisions shall not impair Turkey's full sovereignty or the security of Turkey and its capital Constantinople.

The contracting parties agree not to permit the formation or presence in their territory of organisations or groups claiming to act as the government of the other country or of part of its territory, or the presence of groups whose purpose is to struggle against the other state. It is established that the Turkish territory mentioned in this article means the territory under the direct military and civil administration of the Government of the Grand National Assembly of Turkey.

Citizens of either contracting party in the territory of the other shall enjoy all rights and bear all obligations arising from the laws of the country where they are situated, except obligations relating to national defence, from which they shall be exempt. Matters of family law, inheritance law and the legal capacity of citizens of both parties are also excepted from this article and shall be settled by a special agreement.

Both contracting parties agree to apply the most-favoured-nation principle to citizens of either contracting party residing in the territory of the other. This article does not apply to rights reciprocally granted by Soviet republics in their territory to citizens of allied Soviet republics, or to rights granted by Turkey to citizens of Muslim countries allied to Turkey.

Every inhabitant of territories which formed part of Russia before 1918 and are now recognised as under Turkish sovereignty has the right, if they wish, to relinquish Turkish citizenship, freely leave Turkey and take their belongings and property or their value. Likewise, all inhabitants of territory over which Turkey has ceded suzerainty to Georgia have the right, if they wish to relinquish Georgian citizenship, freely to leave Georgian territory and take their belongings and property or their value. The inhabitants mentioned in this article shall enjoy a one-month deferment of military service from the moment they express their wish to leave the territories in question.

The contracting parties undertake to conclude, within six months of the signature of this treaty, special agreements concerning refugees of the war of 1918–1920.

Each contracting party undertakes, immediately after the signature of this treaty, to declare a full amnesty for citizens of the other party for crimes and offences arising from military operations on the Caucasian front.

The contracting parties agree, within two months of the signature of this treaty, to return the former prisoners of war and civilian prisoners located in the territory of any contracting party.

To ensure uninterrupted relations between the two countries, the contracting parties undertake, by joint agreement, to adopt all necessary measures to preserve and develop as rapidly as possible railway, telegraph and other communications, and to ensure the free movement of people and goods between the two countries without delays of any kind. It is nevertheless recognised that movement, entry and departure, both of travellers and of goods, shall be fully subject to the rules established in each country on those matters.

For the establishment of commercial relations and the regulation of all economic, financial or other questions necessary to strengthen friendly relations between the contracting countries, a commission of representatives of the countries concerned shall be formed at Tiflis immediately after the signature of this treaty.

The contracting parties undertake to conclude consular conventions within three months of the signature of this treaty.

This treaty, concluded between the Governments of Turkey, Armenia, Azerbaijan and Georgia, is subject to ratification. Ratifications shall be exchanged at Erivan as soon as possible. This treaty shall enter into force upon the exchange of ratifications, except Articles 6, 14, 15, 16, 18 and 19, which shall enter into force immediately after signature. In witness whereof the aforementioned plenipotentiaries have signed this treaty and authenticated it with their seals. Drawn up in five copies at Kars on 13 October 1921 (1337). (Seal) Askanaz Mravian. (Seal) Pogos Makinzian. (Seal) Bebut Shakhtakhtinsky. (Seal) Shalva Eliava. (Seal) Alexander Svanidze. (Seal) Ganetsky. (Seal) Kiazim Kara Bekir. (Seal) Veli Bey. (Seal) Mushtar Bey. (Seal) Memdu Shevret Bey.

Turkey's north-eastern boundary is established as follows, according to the Russian General Staff map at a scale of 1:210,000—5 versts to the inch: Sarp village on the Black Sea—Mount Kara Shalvar (5014); along the river watershed towards (r.p.), north of V. Maradidi village; crosses the Chorokh north of V. Maradidi and then passes farther north to Sabur village—Mount Khedis Mta (7052), Mount Kva Kibe—Kavtareti village—the watershed of Mount Medzibna—Mount Gerat Kessun (6468); following the watershed of Mount Korda (7910), reaches the former administrative boundary of the former Artvin district along the western part of the Shavshet mountain ridge; following the watershed of Shavshet, reaches Mount Sari Chai (Kara Issal) (8478)—Kviral pass; thence reaches the former administrative boundary of the former Ardahan district at Mount Kanni Dagh; thence, turning north, reaches Mount Tlil (Grmani) (8357); following that same Ardahan district boundary, reaches the River Poskhov Chai north-east of Badella village and follows that river south to the point at Chanchakh village; leaves the river there and follows the watershed to Mount Airilyan Bashi (8512); passes over Mounts Kelle Tapa (8463) and Karman Tapa (9709), reaches Mount Kasris Seri (9681); thence follows the River Karzamet Chai to the Kura; thence follows the Kura's thalweg to a point east of Kartanakev village, where it leaves the Kura, following the watershed of Mount Kara Ogly (7259); thence bisects Lake Khazapin and reaches elevation 7580 (7560), then Mount Gek Dagh (9152), Uch Tapalar (9783), where the boundary with Georgia ends and the boundary with Armenia begins: Taya Kala (9716), summit 9065, where it leaves the former Ardahan district boundary and passes over Mount Bol. Akh Baba (9973 or 9963)—8828 or 8827—7602; thence directly to summit 7518, passing east of Ibish village; then to Mount Kizil Dash (7439 or 7440 or 7490), Novy Kizil Dash village; thence follows the river flowing through Novy Kizil Dash to its bend north-west of Karamemed; follows the watershed and reaches the River Jamushbu Chai east of the villages of Delaver, B. Kmly and Tikhnis; through Vartanly and Bash Shuragel villages, follows that river to the Arpa Chai north of Kialala or Kalali; thence continually follows the Arpa Chai's thalweg to the Araxes and follows the Araxes' thalweg to Urmia village, where the boundary with Armenia ends and the boundary with Azerbaijan begins; then follows the Araxes' thalweg to the confluence of Lower Kara Su, where the boundary with Azerbaijan ends. NB: The boundary follows the watersheds of the foregoing heights. (Seal) Askanaz Mravian. (Seal) Pogos Makinzian. (Seal) Bebut Shakhtakhtinsky. (Seal) Shalva Eliava. (Seal) Alexander Svanidze. (Seal) Ganetsky. (Seal) Kiazim Kara Bekir. (Seal) Veli Bey. (Seal) Mushtar Bey. (Seal) Memdu Shevret Bey.

Considering that the boundary line follows the thalwegs of the Arpa Chai and Araxes, as specified in Annex 1, the Government of the Grand National Assembly of Turkey undertakes to move only the line of blockhouses to a distance of 8 versts from the Alexandropol–Erivan railway in its present alignment in the Arpa Chai region and 4 versts from that railway in the Araxes region. The lines delimiting those areas are specified below: the Arpa Chai zone in points A and B of §1, and the Araxes zone in §2. I. Arpa Chai zone. A) South-east of Vartanly—east of Uzun Kilissa, through Mount Bozyar (5096)—5082—5047—east of Karmir Vank Uch Tapa (6478 or 5578), east of Araz Oglu, east of Ani, reaches the Arpa Chai west of Yenikey. B) Again leaves the Arpa Chai east of elevation 5019, goes directly to elevation 5481—four and a half versts east of Kyzyl Kula—two versts east of Bojaly—then the River Digor Chai; follows that river to Duz Kechug village, goes directly north of the ruins of Karabag and reaches the Arpa Chai. II. Araxes zone. A straight line between Kharaba Alijan and Suleiman Diza village. In the zones bounded on one side by the Alexandropol–Erivan railway and on the other by lines 8 and 4 versts from that railway, the Government of the Grand National Assembly of Turkey undertakes not to construct fortifications of any kind (these distance lines lie outside the specified zones) or maintain regular troops there. It nevertheless retains the right to have in those zones the troops necessary to maintain order and security and for administrative purposes. (Seal) Askanaz Mravian. (Seal) Pogos Makinzian. (Seal) Berut Shakhtakhtinsky. (Seal) Shalva Eliava. (Seal) Alexander Svanidze. (Seal) Ganetsky. (Seal) Kiazim Kara Bekir. (Seal) Veli Bey. (Seal) Mushtar Bey. (Seal) Memdu Shevret Bey.

Territory of Nakhichevan. Urmia village; thence directly to Arazhdayan station, leaving it to the Socialist Soviet Republic of Armenia; then directly to Mount Dash Burun west (3142)—the watershed of Mount Dash Burun east (4108); crosses the River Jaganam Daratsi south of “Rodney” (Bulak south), follows the watershed of Mount Bagarsik (6607) or 6587; thence follows the administrative boundary of the former Erivan district and Sharur Dara Lazhez, through elevation 6629 to Mount Kemurlu Dagh (6839 or 6930); thence to elevations 3080—Sayat Dagh (7868), Kurt Kulag (Kyurt Kulag) village, Mount Gamessur Dagh (8160)—elevation 8022—Kuki Dagh (10282) and the eastern administrative boundary of the former Nakhichevan district. (Seal) Askanaz Mravian. (Seal) Pogos Makinzian. (Seal) Bebut Shakhtakhtinsky. (Seal) Shalva Eliava. (Seal) Alexander Svanidze. (Seal) Ganetsky. (Seal) Kiazim Kara Bekir. (Seal) Veli Bey. (Seal) Mushtar Bey. (Seal) Memdu Shevret Bey.